September 2011

Attorney : Accident DOs and DON’Ts


After a crash, your first instincts are to assess your injuries,  call 9-1-1 for help, or have someone do it for you, and stay in your car if it’s safe (since getting out of the car may further injure you).

But what do you do next?

David Francis Law Firm attorney Brent Valdez explains the important things to do and not to do after an accident.

 

Q: What shouldn’t you do when involved in an accident?

BV: Don’t understate your injuries. Speak up and be completely honest and thorough about your injuries with anyone you talk to, especially medical personnel. If you tell police or the other driver you’re OK when you’re really not OK, that could complicate your case should you pursue legal action. Slight pains can later turn in to big problems, and if you don’t state it at the time of the accident, you may get stuck with what’s on paper in the police report when seeking compensation from an insurance company. If possible, seek treatment for your injuries as soon as you can.

Also, don’t talk to insurance companies; let your lawyer talk to them. Some clients talk directly to the insurance company or give recorded statements about their case. The insurance company then sends the client money without the client knowing what it’s for. If you use a cash/debit card sent from the insurance company, or deposit checks the insurance company sent you, you may be giving up your right for any other compensation for your injuries or damages. Do not sign any documents without your attorney present.

Lastly, do not leave your car in the tow yard. Get your car out of there as soon as possible, even if you think the other person’s insurance or your own insurance will handle it. Towing companies charge for towing and storage at daily rates. It may take the other insurance company up to 30 days to get back to you and let you know if they cover towing and storage, and if they don’t, and your own insurance doesn’t cover it, you may end up with a huge bill by then.

Q: What should you do when involved in an accident?

BV: If you are able, take pictures of all vehicles involved, or have someone do it for you and send you the photos. Police may take pictures, but take your own just to be sure.

Seek medical attention immediately, if possible, and call an attorney as soon as you can. If you are worried about the costs of medical care, an attorney may be able to help you get you the treatment you need.

Give all medical providers your health insurance information immediately so you’re not stuck with medical bills from treatment. If you wait to submit the claim to the health insurance company, it may be too late and past-due, and the health insurance company may leave you hanging.

If you are involved in a hit and run accident, either call police or go to a local station to make a station report.

If the accident was not your fault, and you have the coverage, use your own insurance company for car repairs. Your rates will not go up because your insurance company will get reimbursed from the other person’s insurance company. The quickest way to get your car fixed is to call your own insurance company. You are their customer and they will want to keep you happy.

If you, or someone you know, has been injured in an accident, please contact the David Francis Law Firm for your free case consultation.

Driving + Cell Phone = 4x More Likely to Crash


The National Safety Council (NSC) just released a series of videos to educate the public about the dangers of distracted driving. The videos feature NSC Senior Director of Transportation Initiatives David Teater, who discusses topics like why cell phones are a distraction hands-free or not, and the myth behind multitasking.

These are a few of the striking statistics included in the videos:
– Talking on a cell phone while driving, even using a hands-free device, makes you four times more likely to be involved in a crash
– Ten percent of all drivers, at any given time, are talking on a cell phone (which means one in every ten cars you see is four times more dangerous)
– Texting while driving makes you up to 23 times more likely to be involved in a crash
– In the US, nearly 100 people die every day in car crashes. Close to 90 percent of those are driver error. Most of those are from distracted driving. Cell phones are the number one distraction.

The NSC website, www.nsc.org, features a Distracted Driving page with even more statistics and research to support the videos.

Remember, Senate Bill 140, the bill that prohibits drivers from texting or using hand-held cell phones, goes in to effect October 1, 2011.

If you or someone you know has been injured in an accident, and it was caused by no fault of your own, please contact the David Francis Law Firm for your free case consultation.